What is the proper legal test for malicious prosecution for negligence against members of the public?
Ontario, Canada
The following excerpt is from Bobel v. Humecka, Patten, 2021 ONSC 852 (CanLII):
As noted by Wilton-Siegel J. in Mirra v. Toronto-Dominion Bank [2004] O.J. No. 1804 (S.C.J.) (at paras 48-51), there is a clear public policy against allowing claims of negligence against members of the public as long as mistakes in reporting were honest mistakes. If the mistakes in reporting were not honest mistakes and were instead malicious, then the proper action lies for malicious prosecution and not negligence.
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